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Trade mark – Infringement. The proceedings concerned the use of the words 'Ideal Home' as, or as part of, a trade mark for online mail order retailing services. The judge dismissed the claim brought by the claimant, IPC, against the defendant, Media 10, for infringement of its registered trade mark and dismissed Media 10's counterclaim for rectification of the register. The Court of Appeal, Civil Division, dismissed both IPC's appeal and Media 10's cross-appeal. It held that the judge had been entitled to reject the claim for infringement of the registered trade mark and that Media 10 had wholly failed to establish that normal and fair use of the mark by IPC, in relation to online retail services, could ever have been prevented by an action for passing off.
Trade mark – Infringement. The proceedings concerned the use of the words 'Ideal Home' as, or as part of, a trade mark for online mail order retailing services. The judge dismissed the claim brought by the claimant, IPC, against the defendant, Media 10, for infringement of its registered trade mark and dismissed Media 10's counterclaim for rectification of the register. The Court of Appeal, Civil Division, dismissed both IPC's appeal and Media 10's cross-appeal. It held that the judge had been entitled to reject the claim for infringement of the registered trade mark and that Media 10 had wholly failed to establish that normal and fair use of the mark by IPC, in relation to online retail services, could ever have been prevented by an action for passing off.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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